Joy Spurr v. Melissa L. Pope, Chief Judge, Tribal Court of the Nottawaseppi Huron Band of Potawatomi, et al.
DueProcess Securities Jurisdiction
Whether a tribe can invoke sovereign immunity to end a federal case challenging the tribe's jurisdiction over a non-tribal member
QUESTIONS PRESENTED FOR REVIEW A member of an Indian tribe filed a petition in tribal court for an ex parte personal protection order against “stalking” by a nontribal member. The petition was granted by the tribal court. The nontribal member later sued in federal court claiming that her conduct was not “stalking” and that the tribal court lacked jurisdiction. The tribe moved to dismiss the federal case on the grounds that it had sovereign immunity, and the Sixth Circuit ruled in favor of the tribe. The questions presented are: 1. Suppose a nontribal member is sued in a court of an Indian Tribe, and later sues in federal court claiming that the tribal court lacked jurisdiction. Can the Tribe end the federal case by invoking sovereign immunity? and 2. Does an Indian Tribe have jurisdiction to issue and enforce a personal protection order against a nonTribal member who has none of the ties to the Tribe required by Section 1304 of the Violence Against Women Reauthorization Act?